Although the board notified the North Carolina Supreme Court that it intended to appeal Myers' decision—and it
did so later Tuesday—four of the five Republican justices still granted the temporary stay and wrote in their order that "in the absence of a stay from federal court, this matter should be addressed expeditiously because it concerns certification of an election."
"The Republican-led North Carolina Supreme Court is now attempting to give itself sole power to decide its next member rather than the North Carolina voters who unquestionably elected Justice Riggs."
Riggs did not participate in the Tuesday decision due to her involvement with the case. The court's only other Democrat, Justice Anita Earls, dissented—arguing that Griffin's motion is "procedurally improper," and even if it were not, his request "should be denied because he has failed to meet the standard for granting preliminary relief."
"Griffin seeks to retroactively rewrite the rules of the election to tilt the playing field in his favor. His filings amount to a broadside legal attack, raising a laundry list of statutory and constitutional objections to long-established election laws," Earls wrote, calling out the high court's "indulgence of this sort of fact-free post-election gamesmanship."
Republican Justice Richard Dietz also dissented, citing "our state's corollary to a federal election doctrine known as the 'Purcell principle'" and warning that "permitting post-election litigation that seeks to rewrite our state's election rules—and, as a result, remove the right to vote in an election from people who already lawfully voted under the existing rules—invites incredible mischief."
Attorneys, journalists, Democratic leaders, and political observers in North Carolina and across the country were similarly critical.
With its stay and schedule for filings over the next few weeks, "the state's highest court laid the groundwork for potentially overturning the election and handing the seat to Riggs' GOP challenger,"
wrote Ari Berman, Mother Jones' national voting rights correspondent.
Berman also laid out some long-term and national impacts of this battle:
Riggs' victory would give Democrats a shot at
retaking the court's majority after 2028. That would allow them to oversee the state's redistricting process in 2031. That is particularly consequential because the current majority on the court upheld heavily gerrymandered maps drawn by the Republican-controlled state Legislature that allowed Republicans to pick up three U.S. House seats in November—just enough to maintain control of the chamber and ensure one-party rule in D.C.
Democratic elections lawyer Marc Elias
declared on social media Tuesday that "the GOP is mounting the largest, most brazen post-election disenfranchisement effort since Trump's frivolous litigation in 2020. This time, however, they may get away with it and the legacy media is largely asleep."
Former U.S. Attorney General Eric H. Holder Jr., who is now chair of the National Democratic Redistricting Committee, called the state court's actions "alarming" and stressed that "the vote is the voice and the power of the people. It is not for a court to decide the outcome of an election. In a functioning democracy the will of the people—as expressed in an election—prevails."
"Should the North Carolina Supreme Court throw out lawful ballots, it could potentially overturn the results of a free and fair election—achieving the same goal as those who perpetuated a violent coup attempt on our nation's capitol just four years ago," he said, referring to the January 6, 2021 insurrection. "This must not be tolerated."
"I am concerned that the very recent actions of the court presage a continued diminution of a democracy already under attack in North Carolina," he added. "The arrogant, anti-democracy move to stop the certification of a free and fair election while this court considers whether or not to throw out 60,000 lawfully cast ballots underscores that."
The News & Observer reported Tuesday that "the vast list of challenged voters ensnared people from assistants to state lawmakers to Riggs' own parents."
According to the North Carolina newspaper:
A
News & Observer analysis of the challenges found that Black voters were twice as likely to have their votes challenged as white voters.
The challenge that affected the largest number of voters was Griffin's argument that voters who did not have a driver's license number or Social Security number on file should not have been allowed to vote.
State election officials say there are myriad reasons a voter may not have those numbers in the database—many of which are no fault of their own. But Griffin argued it could lead to ineligible voters being able to cast a ballot.
Former Democratic Gov. Roy Cooper, who left office earlier this month after two terms,
said Tuesday that "Riggs won and the recount confirmed it. Republicans want to toss thousands of legal votes in the trash because they don't like the outcome. This shouldn't be about party politics—this should be about making sure every vote counts and that our elections still mean something."
The battle over the North Carolina Supreme Court is part of what The New York Times described as "the bar-fight nature of politics in the state," where voters in November also elected Democratic Gov. Josh Stein to succeed term-limited Cooper and ended the GOP supermajority in the General Assembly—leading to last-minute
attempts by Republican lawmakers to limit Stein's power.
Vowing that the North Carolina Democratic Party "will continue to fight for justice," its chair, Anderson Clayton, said in a Tuesday statement that Riggs "won her seat fair and square" and "deserves her certificate of election."
"We are only in this position due to Jefferson Griffin refusing to accept the will of the people," Clayton added. "He is hell-bent on finding new ways to overthrow this election but we are confident that the evidence will show, like they did throughout multiple recounts, that she is the rightful winner in this race."
The outgoing Democratic National Committee (DNC) chair, Jaime Harrison, also weighed in, blasting "what has become a monthslong, anti-democratic campaign at taxpayers' expense against Justice Allison Riggs."
"The Republican-led North Carolina Supreme Court is now attempting to give itself sole power to decide its next member rather than the North Carolina voters who unquestionably elected Justice Riggs," he said. "Make no mistake—these craven attacks on North Carolina voters are an affront to this country's foundational values of democracy and the rule of law."
Harrison also pointed to Trump supporters' deadly invasion of the U.S. Capitol in 2021, saying that "one day after the four-year anniversary of January 6, Republicans are once again attempting to overturn an election in plain sight."
Ben Wikler, who is running to be the next DNC chair, said Tuesday that "the crisis of democracy didn't end with Trump's victory—it got worse. When North Carolina's state Supreme Court is blocking certification of a state Supreme Court election, the house is on fire."
